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Leading Senate Democrats said Jan. 9 they are focused for now on undoing the Federal
Communications Commission’s rollback of net neutrality rules with a procedural move,
rather than trying to hammer out a bill with Republicans to codify rules.“Now, this is the time for this,” Sen. Bill Nelson (Fla.), the top Democrat on the
Committee on Commerce, Science, and Transportation, said at a press conference Jan.
9 about a resolution being championed by Sen. Edward J. Markey (D-Mass.) under the
Congressional Review Act. Markey told reporters “it’s the time for a CRA.”The Democratic lawmakers’ stances likely mean the battle over the FCC’s December decision
to scrap its net neutrality rules will play out in federal court for now. Public policy
groups, some state attorneys general and leading technology industry associations
have all said they would fight the FCC in court.

Congress can overrule agency regulations under the Congressional Review Act by voting
to do so within 60 days after the regulations are published in the Federal Register.
Markey said 39 other senators support his effort to use the CRA, more than the 30
lawmakers needed to force a Senate floor vote. That group included Democrats and independents
but no Republicans, according to a list a Markey spokeswoman provided to Bloomberg
Law.

Maine Republican Sen. Susan Collins also supports Markey’s effort to reverse the FCC
move, a Collins spokeswoman told Bloomberg Law in an email.

Collins “believes that a careful, deliberative process involving experts and the public
is warranted to ensure that consumers have strong protections that guarantee consumer
choice, free markets, and continued growth,” Collins spokeswoman Annie Clark said.

Even if the GOP-controlled Senate adopts such a resolution reversing the Republican-controlled
FCC, the Republican-controlled House is unlikely to follow suit.Senate Minority Leader Charles Schumer (D-N.Y.) said he backs Markey’s effort.

“If there were ever a clearer example of how this administration picks corporations
over people, CEOs over citizens, multinational companies over small businesses, consumers,
and startup companies, you have to look no further than the elimination of net neutrality,”
Schumer said. He added that Democrats want to galvanize turnout in the 2018 elections
among young voters who support their effort.

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